IN RE: PACHIRIPALLI SATYANARAYANA Vs. STATE

JUDGEMENT

(1.) THIS is a criminal revision case which has been filed against the conviction and sentence of the learned District Magistrate, Visakhapatnam in C. A. No. 30 of 1951, confirming the conviction and modifying the sentence in C. C. No. 1046 of 1950, Sub Magistrate, Visakhapatnam.

(2.) THE facts are: The petitioner -accused before us was the Head Establishment Clerk, p. T. O's Office, Bengal -Nagpur Railway. He is an elderly man who is suffering from heart trouble and is also said, to be otherwise sickly. This accused has got a grown up son who has been examined as D. W. 4 in this case and that son's wife is one Jayalakshmi, who has not been examined. The accused and his son and daughter -in -law all lived in the same house and the evidence is that they are undivided and the accused is the tenant of that house. It is in these circumstances that the following incident took place.

(3.) IN the course of the search on 5 -12 -1949 in the presence of the then Stationary Sub Magistrate, who has been examined as P. W. 5, Mr. S.N. Singh, Section Controller of B. N. Railway, Waltair, who was residing close to the house of the accused and who has been examined as P. W. 3, the local Sub -Inspector Mr. C. V. Naidu and the Railway Sectional Officer, Mr. S.J. Naidu attached to the Special Police Establishment with headquarters at Puri and who has been examined as P. W. 2, 21/2 bottles of Haywoods Fine Brandy, VAT No. 4, were found in the house of the accused. The half bottle M. O. 1 was found in the bottom drawer of the mirror almirah in the southernmost room of the house of the accused. The full bottles with the original company seals were found in the iron safe in the same room. They were seized along with other articles concerned in the other case for which the search was made in the first instance and a search list Ex. P. 1 was prepared. These bottles of brandy were handed over along with a report the same day by the Special Establishment Police Inspector P. W. 1 to the local Prohibition Sub -Inspector Mohamad Lal Sherif, examined as P. W. 4. This prohibition Sub -Inspector came to the spot took up the investigation and prepared another Panchayatnama and which has also been signed by the aforesaid persons. It is not disputed that before the search the person of the searching officers was searched by the Magistrate as well as by the outside witness Mr. S.N. Singh. The accused was present at the time of the search. On 5 -12 -1949 the Prohibition Sub -Inspector enquired the accused in regard to the recovery of these bottles of brandy and possession of the same by him, The accused in Ex. P. 4 stated that he was suffering from fever and that he was unable to give any statement. The accused was again called upon to appear and give a statement on 7 -12 -1949 and in regard to which also he sent a report Ex. P. 5 that he was still sick and was unable to give a statement.